Failure of nine Member States to implement the Mediation Directive by the deadline

On 22 July 2011, the European Commission sent letters of formal notice to the Czech Republic, Spain, France, Cyprus, Luxembourg, the Netherlands, Finland, Slovakia and the UK because they had not yet informed the Commission whether they had put all national measures in place to fully implement the Mediation Directive. These countries have two months … Read more

Implementation of the Mediation Directive in England & Wales

An EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive applies to European cross-border disputes and covers five broad areas: (1) promotion of mediator training and the development of and adherence to a voluntary code of conduct; (2) judicial encouragement of mediation; (3) … Read more

Ministry of Justice consultation on promoting greater recourse to ADR

The UK government had publicly committed to a greater use of mediation and other forms of ADR in the civil justice system. To coincide with an announcement to Parliament regarding the government’s reaction to its consultation on the Jackson recommendations for reform of civil litigation funding and costs, a new consultation on reform of the … Read more

Herbert Smith webinar on recent ADR developments

On 5 April 2011, Herbert Smith held a webinar to update clients and contacts from a range of industry sectors on ADR developments. The webinar was presented by Alexander Oddy, partner in the Litigation and Arbitration division and head of the firm’s ADR practice, Ian Gatt QC, partner in the Advocacy Unit and David Phillips, … Read more

Implementation of the Mediation Directive in England & Wales

An EU Directive on mediation in civil and commercial matters was adopted on 23 April 2008 by the European Parliament. The Directive applies only to European cross-border disputes, rather than disputes within any one Member State and covers five broad areas: (1) promotion of mediator training and the development of and adherence to a voluntary … Read more

Implementation of the European Mediation Directive in Germany

In July 2010, the German Federal Ministry of Justice published a draft bill which, if passed into law, will deal with the implementation of the European Mediation Directive (the Directive). The draft bill implements most of the key provisions of the Mediation Directive and in some cases exceeds its requirements, in particular in its application … Read more